FULL TESTIMONY — Intel Unit officer Justin Ellerbe testifies in the Salguero-Olivares murder trial

[00:00:00] Speaker 1: Yes, sir, Mr. Diaz. [00:00:03] Speaker 2: Your Honor, this is the Chief, Assistant Chief? Assistant Chief. Assistant Chief Ellerbe is the witness I was talking about earlier, who works at the detention center, who will help lay a foundation for some of the communications the defendant had from the detention center. And this is the issue I flagged for your Honor earlier, about, you know, what he will and will not be allowed to say within the confines of the court order. We had suggested perhaps doing a stipulation. I know that Ms. Coltrane talked to the defense counsel. They said they'd let us know and get back to us about that, and they haven't gotten back to us yet, so I think it's the time for it. [00:00:40] Speaker 1: All right. Yes, sir, Mr. Rainsford. [00:00:47] Mr. Rainsford: If the state wants to say that they were tape recording my client's telephone calls while he was in the jail, I don't -- I mean, they're going to play the calls. I'll make the objections at the appropriate time if I think something in the call is out of bounds. But I don't know the dates of the calls that are being played. [00:01:10] Speaker ?: Okay. [00:01:11] Speaker 1: Let me inquire. Do you have, through discovery, the calls? [00:01:15] Mr. Rainsford: I do have, through discovery, the calls. I just don't know the ones they want to publish. [00:01:20] Speaker 1: All right. Also, you mentioned you're not going to object unless you think there's something that's going to be said, and during the calls it's objectionable. Do you know what that is on any of the discoveries that you've already received? [00:01:34] Mr. Rainsford: I've been given calls over a five-year period, so there's -- I have no way to predict that, Your Honor, with that much information. Yes, sir. [00:01:43] Speaker 2: I think I can narrow the immediate issue, which is right now all the city is attempting to do is lay a foundation for the introduction of the calls. Okay. To lay that foundation, I would ordinarily add to witness where he works, how it is that he's familiar with the defendant and the sound of his voice, why these calls are being reported. I think the answers to those questions could violate Your Honor's pretrial order. That's -- and I don't -- I'm sorry. I'm trying to pull up the language that you basically not comment on the fact that the defendant has been held in custody pretrial in this case. I can phrase my questions to avoid that. It will be kind of weird, and I will have to ask questions in a way that would otherwise be objectionable, but I just wanted to flag that issue and make sure we're all on the same page about how it's going to proceed. [00:02:35] Speaker 1: Well, I was hopeful that the parties would have agreed and/or stipulated or had figured out how they want to address this issue. That being said, Mr. Rainsford, apparently this witness is going to get on the stand and indicate that he has heard phone calls and so forth. The question is to avoid this jury knowing that the defendant is incarcerated at the time, the state of North Carolina is trying to be able to question him about, as he said, where he works and how he's familiar with your clients. Now, are you aware or has the state shared with you the question that they may be asking in order to accomplish that? [00:03:18] Mr. Rainsford: Not specifically. Here's my issue, and I think this will make this easier. If we don't clarify for the record that these were calls recorded while my client was in jail, there may be some misinterpretation that this is some sort of like a wiretap or something. And I don't -- which it's not, obviously. So I would just assume avoid any jury confusion. He was arrested. This assistant chief works at the jail. There's no problem with him. And so I would rather just have them say that he was in the jail and these were recorded to avoid this confusion that, you know, somehow he was under surveillance or something like that, which I think could happen if we don't clarify that. [00:04:03] Speaker 1: So there's not an objection from the defense that, based on what you've represented to the court, Mr. Rainsford, if the prosecutor elicits from this witness that he works at the jail, that your client was arrested, and that your client made phone calls from the jail, there will not be an objection based on that. Is that correct? [00:04:24] Mr. Rainsford: So long as it's clear that he was -- for what he was -- what he was arrested for. All right. The day and what he was arrested for. [00:04:34] Speaker 1: So, my spidey sensitive team, when it's out of it, when you say so long as it's clear, now I recognize that at some point he was indicted for first degree murder, and then I also recognize that later indictments came for the following charges being rape, first degree sex offense, and burglary, so that we can clear this up. You said so long as when he's been arrested, as far as the state may have. I'm trying to make sure we don't get caught up and have to bring this jury back and forth. So let's deal with the issue right now. If the state of North Carolina is going to say to this witness, you work at the jail, he says he works at the jail, he has access to the jail phone calls, and he heard your client speaking on those jail phone calls, and he can identify his voice, and that he was aware that your client was charged with first degree murder, and potentially, I don't know, that he was aware that later he was also indicted for the three other offenses that I mentioned. Any concerns about that representation to the jury? [00:05:43] Mr. Rainsford: I don't know how the testimony is going to come out. How about this? How about we meet in the middle? He's aware that my client was arrested on September the 16th, 2021. These are the jail calls. You know, he kept the records in the ordinary course. I don't want it seeming like there was some sort of other investigation, and these calls came from, you know, like a wiretap or overhearing, something like that. [00:06:11] Speaker 1: Well, any concerns about that, Mr. Dia? [00:06:14] Speaker 2: Yes. Well, let's deal with this first. [00:06:18] Speaker 1: There's not going to be an issue about wiretaps, because those phone calls indicate when you pick up the phone at the jail, in any jail in North Carolina, there's a recording that says your phone calls are being recorded. So that anybody that makes a phone call from a jail in North Carolina, they get that message that your phone call is being recorded. I think that takes away this issue of wiretaps, because that's what happens at the jail. But that being said, what is the state's request? [00:06:48] Speaker 2: If I could just address a couple matters that you were discussing with the defense counsel briefly. Sure. Naming the charges that the defendant was held on is going to be a problem, because he was later charged with other felony offenses that he allegedly committed while he was in the jail. So I'm going to steer clear of talking about why he was in there. I can ask that when was he arrested and he's been in the jail while these calls were made before that arrest. I can do that, I guess. Okay. But I don't want to start listing the charges being held for, because that's going to be prejudicial. [00:07:18] Speaker 1: Let's stop right there. Any concerns about that, Mr. Rainsford? No concerns. [00:07:22] Mr. Rainsford: Why don't we just say he was arrested. These are the calls. And the reason that's, there are no wiretaps in this case, but I heard a witness, two witnesses ago, being asked questions about being afraid or something. And I'm worried that that's created some perception or misperception. But if we can do it this way, the way that we're talking about right now, that'll be fine. [00:07:44] Speaker 1: All right. That's fine. Yes, sir. [00:07:47] Speaker 2: And out of an abundance of caution, well, just one additional thing that I didn't hear specifically being discussed between you and Mr. Rainsford is the fact that the defendant was a detainee at the Durham Detention Center while these calls were made. That's the main thing that I'm going to establish. [00:08:02] Speaker 1: Any concerns about that? No, Your Honor. All right. So the witness may be allowed to indicate that. [00:08:07] Speaker 2: Yes, sir. And I think out of an abundance of caution, I would request a limiting instruction be given to the jury so they are not to consider the fact that the defendant is held in jail pretrial against him. Mr. Rainsford. [00:08:23] Mr. Rainsford: Can you have a minute to confer with my fellow counsel? Sure. [00:08:44] Speaker ?: Well, I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. I think that's a good question. [00:09:05] Speaker 1: Yes, sir. We're good, Your Honor. So in reference to that limiting instruction, any concerns? Yeah, Your Honor. Then I would make it as simple as possible. What I would tell the jury, Mr. Rainsford and Mr. Stone, that the purpose, the testimony that the jury is going to hear from this witness, the defendant, they will learn, is in custody. They're not allowed to hold that against the defendant in any determination as to their deliberations. Is that simple enough? Yes, sir. Is that sufficient? [00:09:57] Speaker ?: Yes, Your Honor. [00:09:58] Speaker 1: All right. So I will make them aware of that before he testifies. Any concerns about that, Mr. DeYette? Yes, sir. [00:10:04] Mr. Rainsford: Mr. Rainsford. When Your Honor says remind them they're not to hold that against them, I would request that they be reminded he's presumed innocent. [00:10:14] Speaker 1: That's fine. Hold on to that. [00:10:17] Speaker ?: All right. [00:10:18] Speaker 1: Are you ready for me to bring the jury in, Mr. DeYette? Yes. Yes, sir. Mr. Rainsford? All right. [00:10:24] Speaker ?: We can bring the jury in. All right. We can bring the jury in. All right. We can bring the jury in. All right. We can bring the jury in. All right. We can bring the jury in. All right. We can bring the jury in. All right. We can bring the jury in. All right. We can bring the jury in. All right. We can bring the jury in. All right. We can bring the jury in. All right. We can bring the jury in. All right. We can bring the jury in. All right. We can bring the jury in. All right. We can bring the jury in. All right. We can bring the jury in. All right. All right. Thank you, Sharon. [00:11:46] Speaker 1: And thank you, Madam Clerk. Let the record reflect. The jury is back in the courtroom. All right. Ladies and gentlemen, I believe the state of North Carolina is going to call their next witness. I believe during that witness's testimony, you will learn that the defendant is in custody. I want to remind you that you are not to hold that against the defendant at any time during your deliberations, if called upon, to deliberate. You are required to remember that the defendant is presumed to be innocent. All right. At this time, the state of North Carolina may call for their next witness. [00:12:24] Speaker 2: Justin Ellery. Justin Ellery. [00:12:26] Speaker ?: All right. Thank you, Madam Clerk. And thank you, Sharon. Sir, can you state your first and last name for the record, please? Justin Ellery. Justin Ellery. Justin Ellery. Thank you, Madam Clerk. And thank you, Sharon. Sir, can you state your first and last name for the record, please? Justin Ellery. Justin Ellery. Justin Ellery. If you'll spell your first and last name for the record, sir. [00:12:34] Speaker 1: Justin Ellery. Justin Ellery. If you'll spell your first and last name for the record, sir. It's J-U-S-T-I-N. [00:12:38] Speaker ?: And the last name is E-L-L-E-R-B as in boy E. [00:12:38] Speaker 1: And, sir, can you state your first and last name for the record, please? Justin Ellery. If you'll spell your first and last name for the record, sir. Justin Ellery. [00:12:42] Speaker ?: If you'll spell your first and last name for the record, sir. [00:12:42] Speaker 1: It's J-U-S-T-I-N. [00:12:43] Speaker 4: And the last name is E-L-L-E-R-B as in boy E. [00:12:49] Speaker 1: And, sir, thank you for keeping your voice up like you're doing. Just be mindful of the fact that the court reporters take your first and last name for [00:13:00] Speaker 4: the record, sir. It's J-U-S-T-I-N. And the last name is E-L-L-E-R-B as in boy E. [00:13:06] Speaker 1: And, sir, thank you for keeping your voice up like you're doing. Just be mindful of the fact that the court reporter is taking down everything you say. So try not to speak too fast. Also, if a lawyer asks you a question and the answer would be yes or no, you have to say yes or no. You can't say mm-hmm or mm-hmm because a court reporter can't take that down. And, finally, if you'll allow for the attorney to ask the question, then you can respond in order to avoid talking to each other. Okay? Yes, sir. All right. This witness is with the state of North Carolina. [00:13:36] Speaker 4: How are you employed? At the Durham County Sheriff's Office. [00:13:39] Speaker 2: And what is your current rank and assignment? [00:13:42] Speaker 4: My current rank is assistant chief deputy. And my assignment is the jail administrator for the Durham County Detention Facility. All right. [00:13:49] Speaker 2: How long have you been with the Durham County Sheriff's Office? [00:13:52] Speaker 4: 26 years. [00:13:53] Speaker 2: And what other assignments have you had within the detention center? [00:13:56] Speaker 4: So I've held ranks. I've worked in, I'm a sworn law enforcement officer and sworn detention officer. I've worked intelligence and supervision. [00:14:06] Speaker 2: Let me tell you, let me ask you specifically about your intelligence work at the detention center. Does the detention center have an intelligence unit? Yes, it does. And what role did you have in that intelligence unit? [00:14:17] Speaker 4: In 2013, I became, I started as an intelligence unit officer and then I became the intelligence unit supervisor. [00:14:25] Speaker 2: When was that that you became the supervisor? [00:14:27] Speaker 4: 2017. [00:14:28] Speaker 2: What are the duties of the detention center's intelligence unit supervisor? [00:14:34] Speaker 4: One of the main responsibilities is to monitor all correspondences in and outside of the detention facility. [00:14:42] Speaker 2: And what all do those correspondences consist of? [00:14:45] Speaker 4: Electronic mail, text messages, written letters incoming and outgoing as well as telephone calls. [00:14:53] Speaker 2: All right. Are there any other calls besides audio calls that are made to and from the jail? No, sir. [00:14:58] Speaker 4: Okay. [00:14:59] Speaker 2: Are there any video calls that are made? [00:15:01] Speaker 4: Yes, sir. [00:15:02] Speaker 2: Okay. Tell us about how video calls are made. [00:15:05] Speaker 4: We contract with an inmate communications provider. That inmate communications provider handles tablets, electronic communications, phone calls. They can make, the detainees or residents can make phone calls from tablets just like we could with a personal iPad. They can use wall phones just like modern pay phones. And they have video visitation. [00:15:34] Speaker ?: All right. [00:15:35] Speaker 2: And one of your duties was to broadly monitor all those communications. Is that right? Yes, sir. Why did you do that? [00:15:43] Speaker 4: For the safety and security of the residents in the facility. [00:15:45] Speaker 2: What else did you do regarding the detainees at the detention center while you were intelligence unit supervisor? [00:15:52] Speaker 4: I spoke with them regularly, regularly did check-ins. Another task of intelligence unit supervisor is to help with the classification. So we frequently interact with the detainees or residents to see what, where their placement should be and how they're adapting to the facility. [00:16:15] Speaker 2: All right. And would you try to familiarize yourself with all the detainees? Yes. Did you in fact familiarize yourself with all the detainees? [00:16:23] Speaker 4: Yes. [00:16:24] Speaker 2: Okay. Tell us about the recording of the phone calls and the video calls that were made between the detainees and other folks at the detention center. [00:16:38] Speaker 4: So we subcontract with a phone service provider. We do not maintain those records. The phone service provider maintains those records at an independent data center, but we do have access to live monitor those video visits, phone calls, messages, as well as access the recordings. All right. [00:16:58] Speaker 2: And that was the inmate communications provider that you mentioned earlier? Yes, sir. Okay. And are you familiar with how that system kept and stored recordings of those communications? Yes, sir. Tell us about that, please. [00:17:16] Speaker 4: So, as I said, the inmate communication system provider, they maintain those records for the duration of our contract plus three years. They maintain them independently at one of their data centers, and we can request those downloads or those recordings, but we have no ability to manipulate, change, or anything that just helps with the authenticity of those phone calls. [00:17:42] Speaker 2: Okay. When you say we were not able to, was anyone able to change the recordings once they're made? [00:17:48] Speaker 4: No, sir. [00:17:49] Speaker 2: Okay. And were all the calls out of the detention center recorded? [00:17:54] Speaker 4: Yes, sir. [00:17:55] Speaker 2: Okay. How would detainees make calls using that system? [00:18:00] Speaker 4: When detainees enter into the facility, they're issued a seven-digit personal identifier number. The phone system uses that seven-digit personal identifier number, a four-digit PIN number that they choose, and then there's a third layer of security called voice biometrics. And what that means is, once the detainee enters their seven-digit PIN, they enter their four-digit personal PIN, they then say, with Global Tail Link, my voice is my password, that voice biometric feature kicks in. Okay. [00:18:34] Speaker 2: And every single call, all those steps are required? Yes, sir. All right. And what about, is there anything extra that's done for the video calls that are made? [00:18:44] Speaker 4: No. [00:18:45] Speaker 2: Okay. All right. But they have that same voice identification software that's used for that as well? [00:18:50] Speaker 4: The video calls do not have the voice biometric because the face is in the video. [00:18:56] Speaker 2: Okay. All right. After the recordings are made, how are the recordings accessed from that point? [00:19:07] Speaker 4: There is a web-based platform that you have to go to. You have to have your individual credentials and your personal created password to access it. [00:19:18] Speaker 2: When we say you, who all was able to access those at the detention site? [00:19:21] Speaker 4: Investigators only. Okay. [00:19:23] Speaker 2: Between the September of 2021 and 2025, did you know Miguel Salguero Olivares? Yes, sir. How did you know him? [00:19:36] Speaker 4: He was a resident at the facility. Okay. [00:19:38] Speaker 2: And he was a resident there at the facility between when he was arrested in September 2021 through at least the end of 2025. Is that right? Yes, sir. All right. Did you familiarize yourself with him? Yes, sir. How did you do that? [00:19:53] Speaker 4: Interactions with him. All right. And I also monitor his communications just as any other detainee. [00:20:01] Speaker 2: And those communications including recording calls like you were just describing? Yes, sir. Okay. And are you familiar with his voice? Yes, sir. Have you had occasion to review the calls that were recorded that he made? Yes, sir. You're on my approach? Yes, sir. Yes, sir. [00:20:16] Speaker ?: I'm sorry? I'd like you to approach. All right. [00:20:18] Mr. Rainsford: All right. [00:20:41] Speaker 1: Thank you. [00:20:42] Speaker ?: All right. Thank you. Thank you. Thank you. Thank you. [00:21:41] Speaker 2: I am showing you what has been marked as State's Exhibit 40, which is a container containing a flash drive. [00:21:49] Speaker 4: Yes, sir. [00:21:50] Speaker 2: Do you recognize that particular flash drive? [00:21:52] Speaker 4: Yes, sir. [00:21:53] Speaker 2: How do you recognize it? [00:21:54] Speaker 4: It has my initials on it. It's a flash drive that I reviewed that contained phone calls placed using the inmate phone system and one video visit. All right. [00:22:05] Speaker 2: And so those are recordings of several jail call recordings and one video call recording. Is that right? [00:22:12] Speaker 4: Yes, sir. [00:22:13] Speaker 2: Mr. Jett. And I might have identified it as the wrong exhibit. Yeah. [00:22:17] Speaker 1: The State's Exhibit 40 is already in evidence. You may have meant to say State's Exhibit 141. [00:22:22] Speaker 2: I meant to say 140. 140. 140. 140. I apologize. That's fine. Yes. Just so the record is clear, Assistant Chief Ellerbee, what you were just describing, the flash drive you were just describing is contained within State's Exhibit 140. Is that right? Yes, sir. Okay. And you said there are just several jail call recordings and a video call recording on there? Yes, sir. All right. Do you recognize whose calls those are? Yes, sir. Whose calls are they? [00:22:58] Speaker 4: Miguel Olivares. All right. [00:23:02] Speaker 2: And I think I might already ask this, but I just want to make sure. Did you have the opportunity to review all the calls contained within State's Exhibit 140? [00:23:11] Speaker 4: Yes, sir. All right. [00:23:13] Speaker 2: And where were those recordings made? [00:23:15] Speaker 4: From the Durham County Detention Facility. [00:23:17] Speaker 2: And those recordings were made between September of 2021 and the end of 2025? Is that right? [00:23:24] Speaker 4: Yes, sir. [00:23:25] Speaker 2: All right. Are those accurate recordings from that system that you described? [00:23:29] Speaker 4: To the best of my knowledge, yes, sir. [00:23:31] Speaker 2: Have they been changed or altered in any way? [00:23:33] Speaker 4: No, sir. [00:23:34] Speaker 2: All right. And in each one of those, you hear the defendant's voice? [00:23:38] Speaker 4: Yes, sir. [00:23:39] Speaker ?: One moment, please, judge. Yes, sir. No further questions. Cross-examination. [00:23:43] Speaker 2: No, you're not. All right. [00:23:45] Speaker ?: Is this witness under subpoena? Yes, sir, it is. And I've asked him to be released. Any objection? No, you're not. All right. Is this witness under subpoena? Yes, sir, it is. And I've asked him to be released. Any objection? No, you're not. [00:23:55] Speaker 1: No further questions. Cross-examination? No, you're on. All right. Is this witness under subpoena? Yes, sir, it is. I've asked him to be released. Any objection? No, you're on. Mr. Elmer, you are released under subpoena. You're free to go. Have a fantastic day. [00:24:20] Speaker 4: Thanks, sir. [00:24:25] Speaker ?: Thank you.